Many Americans have criticized the criminal cases against Donald Trump. It seems many people believe they are merely schemes by Democrats to influence the upcoming election.
Several of these trials were launched by a man appointed by the Department of Justice.
Trump himself has criticized this man, Jack Smith, as a politically biased special counsel. And now, a case has been brought to the Supreme Court that might completely dissolve Smith’s job.
Jack Smith’s appointment as special counsel is unconstitutional and so the Supreme Court must reject his petition against Donald Trump, lawyers representing former Attorney General Ed Meese and two top constitutional scholars in the country argued in a brief filed on Wednesday…
The filing essentially claims U.S. Attorney General Merrick Garland improperly appointed Smith to an office that does not exist with authority Garland does not possess.
A new lawsuit is requesting the Supreme Court to completely shut down the cases brought against Trump by Garland’s special counsel, Jack Smith. The lawsuit argues that Smith lacks the authority to represent the United States in these trials. It claims Smith’s office was not created by Congress and his job violates the “Appointments Clause” of the Constitution.
Smith’s role as a special counsel was appointed by Attorney General Merrick Garland. Many have pointed out the conflict of interest for Biden’s AG to choose a man to investigate Trump—a former and current political rival of Biden’s.
But this case claims that the Constitution demands that appointments can only be “established by Law.” Meaning, that Congress has to approve appointments like Smith’s. And, since Smith’s job wasn’t created by an act of Congress, he has no power to prosecute the former president.
This case will rest on how the Supreme Court interprets the Constitution. And it is unclear how they will rule if they choose to take up the case at all. This would give the Supreme Court a large role in the fate of the 2024 Election. If the court agrees and dissolves Smith’s office, it will end two of the trials against Trump.
But if the court allows Smith to continue his campaign against Trump, it could lead to convictions that undermine the election.